Trademarks FAQ for Australia
What Exactly Is a Trademark?
A trademark is a legal tool that protects your business’s unique branding, whether it’s a product, service, or company name, allowing you to stand out from competitors. Trademarks can cover various brand elements such as a logo, word, phrase, colour, sound, shape, or even a smell, ensuring exclusive use and providing legal backing against unauthorised usage.
What is the purpose of a trademark?
A trademark protects your business identity by ensuring that your brand, products, or services stand out from competitors. It provides legal protection for elements like your business name, logo, or slogan.
What Aspects of My Brand Can a Trademark Protect?
Trademarks can safeguard key elements of your brand, including:
(e.g., The Netflix chime)
Having a registered trademark offers much stronger protection compared to relying on unregistered rights.
Why Should I Register My Trademark?
- Exclusive Rights: Registration grants you the sole right to use your trademark across Australia.
- Value: A registered trademark becomes a tangible asset that grows in value as your brand gains recognition.
- Legal Protection: It allows you to stop others from using your mark without permission.
- Business Flexibility: You can license or sell your trademark to others as a business strategy.
- Use of ® Symbol: Once registered, you are entitled to use the ® symbol, showing others that your mark is legally protected.
Is It Really Necessary to Register a Trademark?
In Australia, your brand might receive some protection under consumer law or through the common law concept of “passing off.” However, registering a trademark offers clearer and more enforceable rights. It’s the only way to secure the exclusive rights to your business name, logo, or slogan.
What’s the Difference Between the TM and ® Symbols?
- TM: Indicates that you are asserting rights over a trademark, whether or not it’s registered.
- ®: Reserved for officially registered trademarks and signals that your mark is legally protected. Using the ® without registration is illegal in many jurisdictions.
How Do I Apply for a Trademark?
The registration process involves:
- Submitting your application to IP Australia
- The mark undergoing an examination to ensure it meets legal criteria
- Publishing the application to allow for potential opposition
- Final registration if there are no objections
The government fee for filing starts at $250, but it’s important to note that this fee covers only the filing and examination of the trademark. Trademark attorney professional fees are separate and may apply if you require assistance with drafting, reviewing, or monitoring your application.
How Long Does It Take to Secure a Trademark?
In Australia, trademarks typically take a minimum of 7 months to be fully registered. The process could be extended if objections or third-party oppositions arise.
How Long Does a Trademark Last?
Once registered, a trademark is valid for 10 years. After this period, you can renew it indefinitely in 10-year increments to maintain protection.
Can I Change My Trademark Application After Submitting It?
Amendments are only possible for minor corrections after submission. If significant changes are needed, such as altering the design or expanding the list of goods or services, a new application must be filed. It’s crucial to ensure your trademark application is accurate from the start.
What Are “Goods and Services” in a Trademark Application?
When applying for a trademark, you need to specify the products or services it will be used with. There are 45 different categories, or classes, to choose from. Make sure the list is accurate when filing, as you won’t be able to add more items later.
Should I File My Trademark in Black and White or Colour?
Filing your trademark in black and white is generally recommended because it provides broader protection across all colour variations. If filed in colour, your rights may be limited to the specific colour scheme you submitted.
Do I Have to Use My Trademark After Registration?
In Australia, once registered, a trademark is valid for 10 years. While it’s not mandatory to use it immediately, failure to use it within the first few years can make it vulnerable to cancellation for non-use. Other countries, like the U.S., have stricter requirements that enforce the active use of the trademark to maintain its validity.
Protect Your Brand with Trademark Design and Registration Services
At Markport™, we specialise in providing comprehensive trademark protection and design services tailored to suit the needs of small and medium-sized enterprises. Whether you need help with trademark registration in Australia, branding strategies, or designing unique trademarks that stand out in a competitive market, we’ve got you covered. Our expert team ensures your intellectual property is protected from unauthorised use, giving you the peace of mind to focus on growing your business. Reach out to us today to secure and enhance your brand identity. Get in touch with us here.